HomeMy WebLinkAboutBOE_2022_0520 Notice_Agenda Packet1.pdf
BOARD OF ETHICS
SUSAN BURRISS, MEMBER ROSE RAMOS-BENZEL, MEMBER DEAN TOYOFUKU, MEMBER
KELLY GENTRY, CHAIR JOHN LATKIEWICZ, VICE CHAIR RYAN de la PENA, SECRETARY
Meetings of the Board of Ethics will be conducted as follows until further notice:
• Meetings will be publicly noticed pursuant to HRS Chapter 92.
• Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the
Commission’s website upon completion and approval.
Public Comments and Testimony:
• Written testimony will be accepted for any agenda item herein.
o Written testimony indicating your 1) name, and if applicable, you position/title and
organization you are representing, 2) the agenda item that you are providing comment
on, and 3) contact information (telephone number and email address), may be
submitted to asegreti@kauai.gov or mailed to the Board of Ethics, c/o Office of Boards
and Commission, 4444 Rice Street, Suite 300, Lihue, Hawaii 96766.
o Written testimony received by the Board of Ethics at least 24 hours prior to the meeting
will be distributed to all Board of Ethics Members prior to the meeting.
o Any testimony received after this time and up to the start of the meeting will be
summarized by the Clerk of the Board during the meeting and added to the record
thereafter.
o Any late testimony received will be distributed to the to the members after the meeting
is concluded.
o
• Oral testimony will be taken during the public testimony portion of the meeting.
o It is recommended that anyone interested in providing oral testimony register at least 24
hours prior to the meeting by emailing asegreti@kauai.gov or calling (808) 241-4917. Any
request to register shall include your 1) name, and if applicable, your position/title and
organization you are representing, and 2) the agenda item that you are providing
comment on, and 3) contact information (telephone number and email address).
o Per the Board of Ethics’s and Chairs practice, there is three-minute time limit per testifier
per agenda item.
o Individuals who have not registered to provide testimony will be given an opportunity to
speak on an agenda item following the registered speaker.
SPECIAL ASSISTANCE
IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN
INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS PLEASE CONTACT THE OFFICE OF BOARDS AND
COMMISSIONS AT (808) 241-4917 OR ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE
AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST,
THIS NOTICE IS AVAILABLE IN ALTERNATIVE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC
COPY.
BOARD OF ETHICS
SUSAN BURRISS, MEMBER ROSE RAMOS-BENZEL, MEMBER DEAN TOYOFUKU, MEMBER
KELLY GENTRY, CHAIR JOHN LATKIEWICZ, VICE CHAIR RYAN de la PENA, SECRETARY
REGULAR MONTHLY MEETING NOTICE AND AGENDA
Friday, May 20, 2022
1:00 p.m. or shortly thereafter
Līhu`e Civic Center
Pi`ikoi Building, Suite 300
4444 Rice Street, Līhu`e, HI 96766
A. CALL TO ORDER
B. ROLL CALL
C. PUBLIC HEARING
BOE 2022-11 The Kaua‘i County Board of Ethics (the “Board”) has proposed to
amend Rule 3 of the Board’s Rules and Regulations to expand the
categories of individuals required to file disclosures as well as to
clarify that the disclosures of regulatory employees are not open
for public inspection. (Published in The Garden Island 4/17/22)
D. APPROVAL OF AGENDA
E. MINUTES of the meeting of the Open Session
1. April 8, 2022
F. PUBLIC TESTIMONY
G. COMMUNICATION
BOE 2022-12 Possible conflict of interest and recusal dated April 21, 2022, from
Councilmember Luke A. Evslin on ES-1073, relating to an Executive
Session Briefing and Request for Settlement Authority.
BOE 2022-13 Possible conflict of interest and recusal dated May 12, 2022, from
Commissioner Jan TenBruggencate, Vice Chair Charter Review
Commission, on CRC 2022-05, relating to a proposed charter
amendment to remove Article XXX relating to the Electric Power
Authority.
BOE 2022-14 Possible conflict of interest and recusal dated May 13, 2022, from
Commissioner Francis DeGracia, Vice Chair Planning Commission,
relating to application for CLASS IV ZONING PERMIT (Z-IV-2022-8),
USE PERMIT (U-2022-8) AND SPECIAL PERMIT (SP-2022-1).
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BOARD OF ETHICS – May 20, 2022
H. REQUEST FOR AN ADVISORY OPINION
RAO 2022-01 Request for an Advisory Opinion from the Office of the
Prosecuting Attorney received May 13, 2022, relating to an
Outside Employment Request from Eric Bilcich to work as a Civil
Process Server for No Ka Oi Process Serving which he owns.
I. BUSINESS
None
J. DISCLOSURES
Employees:
1. Patrick Henriques, Inspector, Planning Department
2. Stacy Iwasaki, Assistant Chief Liquor Inspector
3. Jennifer Winn, Deputy Prosecuting Attorney
4. Keola Siu, First Deputy Prosecuting Attorney
Volunteers:
5. Howard Leslie, Salary Commission
6. Jerry Nishihira, Board of Review
7. Robin Pratt, Public Access, Open Spaces and Natural
Resources Preservation Fund Commission
Candidates:
8. Derek Kawakami, Mayor
9. Melvin Rapozo, County Council
10. Clint Yago, County Council
11. James Langtad, County Council
K. EXECUTIVE SESSION
ES-006 Pursuant to Hawai’i Revised Statutes §92-4, §92-5(a)(4), §92-
9(a)(1-4) and (b), the purpose of this Executive Session is for the
Board to approve or amend the Executive Session Minutes of April
8, 2022, and to consult with its attorney on issues pertaining to
the Board’s powers, duties, privileges, immunities, and /or
liabilities as they may relate to this item.
ES-002 BOE 2022-01 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) and (2)
and (4), the purpose of this Executive Session is for discussion and
possible action on a notarized formal complaint received February
8, 2021, charging that an employee or officer of the County has
breached the Code of Ethics as set forth in the Kaua’i County
Charter section 20.02 B, 20.02 E and 20.02 F.
PAGE 3
BOARD OF ETHICS – May 20, 2022
No officer or employee of the county shall:
B. Disclose information which, by law or practice, is not available
to the public and which the officer or employee acquires in the
course of the officer or employee’s official duties or use such
information for the officer or employee’s personal gain or for the
benefit of anyone.
E. Use the officer or employee’s official position to secure a
special benefit, privilege, or exemption for the officer or
employee or others.
F. Use county property for other than public activity or purpose.
L. RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
M. ANNOUNCEMENTS
Next Meeting: Friday, June 17, 2022, at 1:00 p.m.
N. ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §92-7(a), the Board may, when deemed necessary, hold an
executive session on any agenda item without written public notice if the executive session was
not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and
shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session
are closed to the public.
cc: Aaron Larrimore, Deputy County Attorney
NOTICE OF PUBLIC HEARING
The Kaua‘i County’s Board of Ethics will hold a public hearing in the
Boards & Commissions Conference Room of the Pi‘ikoi Building,
located at 4444 Rice Street, Suite 300, Li-hu‘e, Kaua‘i, Hawai‘i, on
May 20, 2022 at 1:00 p.m. or as soon as possible thereafter, for
purposes of hearing and receiving public testimony and comments from
all interested persons regarding the following item:
PROPOSED AMENDMENTS TO THE
KAUA‘I COUNTY BOARD OF ETHICS
RULES AND REGULATIONS – PART I
The Kaua‘i County Board of Ethics (the “Board”) has proposed to
amend Rule 3 of the Board’s Rules and Regulations to expand the
categories of individuals required to file disclosures as well as to clarify
that the disclosures of regulatory employees are not open for public
inspection. The particular changes are as described below. Rule material
to be repealed is bracketed and stricken. New material is underscored.
RULE 3: DISCLOSURE REQUIREMENTS
3.1 WHO MUST FILE
(a) [The mayor, councilpersons, all department heads and
deputies, members of boards and commissions and the
purchasing agent] The Mayor, Councilpersons, Managing
Director, heads and deputies of all departments, agencies,
and divisions, members of boards and commissions, the
purchasing administrator, and regulatory employees shall
be required to file the disclosure pursuant to the Code of
Ethics.
(b) All candidates for elective office shall be required to file
disclosure pursuant to the Code of Ethics within seven (7)
days of filing nomination papers.
3.2 PUBLIC INFORMATION
Disclosures filed with the Board are public record, except for
disclosures filed by regulatory employees, which shall not be open
to public inspection. It is provided however that the personal contact
information consisting of address and phone number shall be redacted
before release of the document by the Office of Boards & Commissions
to a member of the public.
A copy of the proposed amendments will be mailed to any interested
person who requests a copy and pay the required fees for the copy
and the postage. Requests may be made by phone, email, or by mail.
All requests may be addressed to Anela Segreti, Administrative
Specialist I, Office of Boards and Commissions, County of Kaua‘i,
located at 4444 Rice Street, Suite 300, Li-hu‘e, Hawai‘i 96766.
Phone (808) 241-4917. Email: asegreti@kauai.gov. Requests may be
made up to and including the date of the public hearing.
The proposed amendments maybe reviewed in person between the
hours of 7:45 a.m. and 4:30 p.m., Monday through Friday (excluding
State of Hawai‘i holidays), at the Office of Boards and Commissions.
Proposed amendments may be reviewed any time up to and including
the date of the public hearing.
All interested persons may submit data, views, arguments, or other
testimony orally or in writing, or both, concerning the proposed rule
amendments any time up to and including the date of the public hearing.
The Board may impose a time limit for each person presenting testimony
at the hearing.
BY THE ORDER OF THE BOARD OF ETHICS
Kelly Gentry, Chairperson
NOTE: Special accommodations for persons with disabilities are
available upon request five (5) days prior to the hearing date.
Please call the Office of Boards and Commissions, County of
Kaua’i, located at 4444 Rice Street, #300, Li-hu‘e, Hawai‘i 96766.
Phone: (808) 241-4917. Email: asegreti@kauai.gov.
(TGI1368127 4/17/22)
KAUA‘I COUNTY
BOARD OF ETHICS
* ** * * * * * *
RULES AND REGULATIONS – Part I
Adopted by the Board of Ethics
Of the
County of Kaua'i
State of Hawai'i
On
October 15, 2009
*********
INTERPRETIVE RULES – Part II
Amended and Adopted by the
Board of Ethics
March 11, 2010
*********
Amended and Adopted by the
Board of Ethics
February 15, 2013
BOE 2022-11
Page 2
RULES AND REGULATIONS – Part I
RULE 1. GENERAL PROVISIONS Page 5
1.1 Purpose
1.2 Definitions
1.3 The Board
(a) Office
(b) Meetings
(c) Election and Terms of Office
(d) Duties and Responsibilities
(e) Agenda
(f) Consensus
RULE 2. DOCUMENTS, SERVICE, WITNESSES
AND SUBPOENAS Page 7
2.1 Filing of Documents
(a) Where
(b) Certificate of Truth
(c) Name and Address of Affected Persons
2.2 Computation of Time
2.3 Continuances or Extensions of Time
2.4 Service of Process
(a) By Whom Served
(b) Upon Whom Served
(c) Method of Service
2.5 Subpoenas
(a) Who May Issue
(b) Application
(c) Time of Application
(d) Enforcement
RULE 3. DISCLOSURE REQUIREMENTS Page 9
3.1 Who Must File
3.2 Public Information
3.3 Procedure After Filing
RULE 4. DISQUALIFICATION OF BOARD MEMBERS Page 9
4.1 Requested Disqualification
4.2 Voluntary Disqualification
Page 3
RULE 5. ADVISORY OPINION Page 10
5.1 Request For Advisory Opinion
(a) Applicability
(b) Form
(c) Supplementary Information
(d) Filing Completed
5.2 Rendering of Advisory Opinion
(a) Timeframe, Signatures, and Mailing
(b) Dissenting Opinions
5.3 An Opinion Rendered by Lapse of Forty-Five (45) Days
RULE 6. COMPLAINTS Page 11
6.1 Complaints Instituted By A Member of the Public
(a) Content
(b) Deficiency
(c) Deliberation
(d) Open Session
6.2 Complaints Initiated By the Board
(a) Investigation
(b) Complaint
RULE 7. INFORMAL HEARING Page 12
(a) Notice
(b) Consolidation
(c) Procedure For An Informal Hearing
(d) Preliminary Opinion
(e) Disposition
RULE 8. FORMAL AND CONTESTED HEARINGS Page 13
8.1 Statutory Authority, Petition, Setting, and Notice
(a) Statutory Authority
(b) Petition
(c) Setting, Rejecting
(d) Consolidation
(e) Written Notice
(f) Oral Notice
8.2 Request For An Open Hearing
8.3 Pre-Hearing Conference
(a) Required Subject Matter
(b) Other Subject Matter
(c) Order
8.4 Hearing Format
(a) Rules and Procedures
(b) Closing the Hearing
(c) Petition to Reconsider
8.5 Decisions
Page 4
(a) Issuance
(b) Submission of Proposed Findings of Fact and Conclusions of Law
(c) Dissenting Decisions.
8.6 Record of the Hearing
8.7 Charge
RULE 9. PUBLIC INFORMATION Page 17
RULE 10. DECLARATORY ORDER Page 17
RULE 11. ADOPTION, AMENDMENT, OR REPEAL OF
THESE RULES Page 18
11.1 Public Hearing
11.2 Filing
11.3 Effective Date of Rules
11.4 Petition
(a) Who May Petition
(b) Content of Petition
(c) Rejection of Petition
(d) Processing and Consideration of Petition
(e) Disposition of Petition
RULE 12. APPEARANCE BEFORE THE BOARD Page 19
RULE 13. PARLIAMENTARY AUTHORITY Page 20
INDEX – INTERPRETATIVE RULE – Part II
RULE 1. GENERAL PROVISIONS Page 20
1.1 Purpose
1.2 Compliance with Section 20.02D
Page 5
RULE 1: GENERAL PROVISIONS
1.1 PURPOSE
These rules are made pursuant to Section 20.05 B of the Charter of the County
of Kaua'i, and are intended to provide for the efficient administration of the Code of
Ethics.
1.2 DEFINITIONS
The following definitions will be used in these rules and regulations, unless
the context clearly requires otherwise, it being understood that the use of any gender
shall be applicable to all genders, and that the singular number shall include the plural
and the plural the singular.
“Advisory Opinion” – an opinion rendered by the Board pursuant to a
request by any officer or employee, or former officer or employee, as to whether or
not the facts and circumstances of a particular case violate or will violate the
standards of conduct prescribed by the Code of Ethics.
“Answer” – the written response to the complaint filed with the Board
by the person disputing that complaint.
“Article XX” – Article XX of the Charter of the County of Kaua‘i and
entitled “CODE OF ETHICS”.
“Board” – Kaua‘i County Board of Ethics.
“Charge” – the statement of facts and conclusions establishing a
violation issued after the decision of the Board.
“Code of Ethics” – Article XX of the Charter of the County of Kaua'i
and ordinances adopted in accordance with Section 20.04 D, as codified in Chapter 3
of the Kaua'i County Code.
“Complainant” – the party who has filed a complaint alleging that an
officer or employee has violated the Code of Ethics.
“Complaint” – a notarized letter, or a document authorized by a
resolution of the Board, setting forth the basic facts alleging a violation of one or
more provisions of the Code of Ethics.
“County Attorney” – the Office of the County Attorney of the County
of Kaua‘i.
Page 6
“Decision” – the written conclusion of the Board rendered after the
hearing, upon due deliberation of a complaint.
“Deleted opinion or decision” – a summary of an advisory opinion, or
decision, in which the identity of persons is not disclosed.
“Employee” – a person employed by the County, except an officer or an
independent contractor.
“Officer” – the Mayor, councilpersons, all department heads and
deputies, and members of boards and commissions.
“Respondent” – the person allegedly violating the Code of Ethics.
“Ruling” – a statement of Board action, which may be followed by an
advisory opinion rendered due to the requester’s need for immediate guidance.
1.3 THE BOARD
(a) Office. The office of the Board of Ethics is in the County Building,
Līhu‘e, Kaua‘i, Hawai‘i; or such other address as the Board may designate from time
to time. All communications shall be addressed to the Kaua‘i County Board of
Ethics, c/o Office of Boards and Commissions, 4444 Rice Street, Suite 150, Līhu’e,
Kaua‘i, Hawai‘i 96766, unless otherwise directed.
(b) Meetings. The Board shall meet at least quarterly and exercise its
powers in any part of the County of Kaua‘i. Additional meetings may be called by
the Chairman, or two (2) or more members upon notice to the other members. A
majority of the membership to which the Board is entitled shall constitute a quorum
for the conduct of business and shall be necessary for any action to be taken.
Meetings shall be open to the public unless an executive meeting is deemed necessary
by the Board pursuant to law.
(c) Election and Terms of Office. The Chair, Vice-Chair and Secretary
shall be elected and shall serve for terms of one (1) year; such terms to commence on
January 1 of each and every year. No chair shall serve consecutive terms.
(d) Duties and Responsibilities. The Board shall be responsible for the
administration of the Code of Ethics.
(e) Agenda. The Board shall give public notice of any regular, special, or
rescheduled meeting by filing the notice with the County Clerk and at the Board of
Ethics office for public inspection. The notice shall be filed at least six (6) calendar
days before the meeting and shall include an agenda which lists all of the items to be
considered at the forthcoming meeting, and the date, time and place of the meeting.
Page 7
(1) All items for the Agenda shall be submitted to the Chair for
placement on the agenda no later than five (5) days before the agenda notice is filed.
The Chair shall have the discretion of placing items submitted after the deadline on
the Agenda of the forthcoming meeting, or holding such late items until the next
scheduled meeting after the forthcoming meeting. The Chair shall be responsible for
designating and approving the form and content of the Agenda.
(f) Consensus. No individual member of the Board shall act on behalf of
the Board without the Board’s approval.
RULE 2: DOCUMENTS, SERVICE, WITNESSES AND SUBPOENAS
2.1 FILING OF DOCUMENTS
(a) Where. All disclosures, complaints, requests for opinions, motions,
submittals, reports, petitions, briefs, memoranda, and other papers required to be
filed with the Board shall be filed by either mailing or hand-carrying same to the
Office of the Board of Ethics. The date of the actual receipt of all papers filed and
such shall be deemed the official time of filing.
(b) Certificate of Truth. All papers shall be legible and be signed in ink by
the party executing same or by his duly authorized agent or attorney. The signature
of the person signing the document constitutes a certification that he had read the
document; that to the best of his knowledge, information and belief, every statement
contained therein is true and no such statements are misleading; and that it is not for
purposes of delay.
(c) Name and Address of Affected Persons. The initial document filed by any
person in any proceeding shall state on the first page thereof his name, mailing
address, and telephone number as well as the name, mailing address, and telephone
number of others to be served with any documents filed in the proceeding.
2.2 COMPUTATION OF TIME
The day of the act, event or default is not to be included in computing any
period of time prescribed or allowed by the rules, by order of the Board, or by any
applicable law. The last day of the period so computed is to be included unless it is a
Saturday, Sunday, or legal holiday recognized by the State of Hawai‘i, in which
event, the period runs until the next day which is not a Saturday, Sunday, or holiday.
Page 8
2.3 CONTINUANCES OR EXTENSIONS OF TIME
Whenever a person or agency has a right, or is required, to take action within
the period prescribed or allowed by these rules, or by order of the Board, he may
apply in writing to the Board for an extension. The Board will not accept action not
performed or documents not filed within the prescribed time without good cause
shown.
2.4 SERVICE OF PROCESS
(a) By Whom Served. The Board shall cause to be served all orders,
notices, and other papers which it is required by law to serve. Answers, motions,
memoranda, and other pleadings relating to complaints or hearing shall be served by
the party filing same.
(b) Upon Whom Served. All papers shall be served upon all counsel of
record at the time of filing, upon parties not represented by counsel or upon their
agents designated by them or by law. Any counsel entering an appearance
subsequent to the initiation of the proceeding shall notify all parties of record of such
fact.
(c) Method of Service. The service of complaint shall be made personally
upon the individual, or in case he cannot be found, by leaving copies at his usual
place of abode with some person of suitable age and discretion then residing there, or
by delivering a copy to an agent designated by him or by law to receive service of
such papers.
Service of all other papers required to be served shall be made by delivering a
copy to counsel of record, if any, or to the individual or his agent designated by him
or by law to receive service of such papers or by mailing a copy to his last known
address. Delivery of a copy within this rule means: handing it to the attorney or to
the party; or leaving it at his office, with his secretary, clerk, or other person in
charge; or, if there is no one in charge, leaving it in a conspicuous place; or, if the
office is closed or the person to be served has no office, leaving it at his usual place of
abode with some person of suitable age and discretion then residing there. Service by
mail is complete upon mailing. A certificate of the time and place of personal
delivery or of mailing shall be filled with the Board by the person making the service.
2.5 SUBPOENAS
(a) Who May Issue. The Board may issue or cause to be issued subpoenas
requiring the attendance of witnesses or the production of documentary evidence at
any designated place of hearing.
(b) Application. Any party of record may make application to the Board
for the issuance of subpoenas. The application must be in writing, must be
Page 9
reasonable in scope, and must specify as clearly as possible documents or data desired
and show their relevancy.
(c) Time of Application. Application for subpoenas shall be made at least
five (5) days prior to the hearing. If application is made at a later time, the Board
may, in its discretion, continue the hearing or any part thereof.
(d) Enforcement. Enforcement of subpoenas served pursuant to these rules
will be effected by written application of the Board to any circuit judge.
RULE 3: DISCLOSURE REQUIREMENTS
3.1 WHO MUST FILE
[The mayor, councilpersons, all department heads and deputies, members of
boards and commissions and the purchasing agent] The Mayor, Councilpersons,
Managing Director, heads and deputies of all departments, agencies, and divisions,
members of boards and commissions, the purchasing administrator, and regulatory
employees shall be required to file the disclosure pursuant to the Code of Ethics.
(b) All candidates for elective office shall be required to file disclosure
pursuant to the Code of Ethics within seven (7) days of filing nomination papers.
3.2 PUBLIC INFORMATION
Disclosures filed with the Board are public record, except for disclosures filed
by regulatory employees, which shall not be open to public inspection. It is provided
however that the personal contact information consisting of address and phone
number shall be redacted before release of the document by the Office of Boards &
Commissions to a member of the public.
3.3 PROCEDURE AFTER FILING
Each disclosure will be reviewed by the Board for conflicts of interest. If a
conflict or potential conflict is found, the Board will so notify the individual and
advise corrective action to be taken to avoid violation of the Code of Ethics. Where
the situation is deemed to have precedential value, the Board will proceed as though
the disclosure was a request for an advisory opinion, and after rendering such,
circulate a deleted advisory opinion to appropriate county agencies, officers, and
employees.
RULE 4: DISQUALIFICATION OF BOARD MEMBERS
Page
10
4.1 REQUESTED DISQUALIFICATION
A party to a hearing may request disqualification of any Board member by
filing an affidavit alleging that such member cannot act impartially because of
personal bias or prejudice. Every such affidavit shall state the facts and reasons
therefore, and shall be filed at least ten (10) days before the hearing. The Board
member against whom the affidavit is so filed shall answer the affidavit or file a
disqualifying certificate. If he chooses to answer the affidavit, the remaining
members of the Board shall decide whether or not he should be disqualified.
4.2 VOLUNTARY DISQUALIFICATION
Any Board member may disqualify himself by filing with the Board a
certificate that he deems himself unable for stated reasons to sit in judgment with
impartiality in the pending hearing.
RULE 5: ADVISORY OPINION
5.1 REQUEST FOR ADVISORY OPINION
(a) Applicability. Advisory opinions may be requested by officers or
employees to assist them in the proper performance of their official duties and
responsibilities in accordance with the Code of Ethics.
(b) Form. All requests for advisory opinions made to the Board shall be in
writing and shall contain (1) the name of the person requesting the opinion, (2) the
County agency in which he serves or works, (3) his position therein, (4) the nature
and duties of his service or employment, (5) the date of request, (6) contact
information (7) a statement of the facts and circumstances upon which the Board is
to make its determination, and (8) the signature of the person requesting the opinion.
(c) Supplementary Information. The Board, with prior notice to the
person requesting the opinion, may interview or cause to be interviewed anyone who
may have information desired by the Board in the consideration of a request for an
advisory opinion.
(d) Filing Completed. A request for an advisory opinion is considered filed
when the Board has received in writing all the information deemed necessary by it to
make a proper determination.
5.2 RENDERING OF ADVISORY OPINION
(a) Timeframe, Signatures, and Mailing. An advisory opinion shall be
rendered within forty-five (45) days after the filing of the request has been finalized.
Page
11
It will be considered rendered when the Board has put the matter to a vote. After the
opinion has been rendered, it shall be put in writing and signed by at least one (1)
member of the Board. The written opinion shall be personally delivered or placed in
the mail, postage prepaid and addressed to the person requesting the opinion at the
address furnished by him. [Time period amended from 30 to 45 days by 2010 Charter
Amendment]
(b) Dissenting Opinions. Any member who disagrees may file a written
dissenting opinion which will be placed at the end of the majority opinion.
5.3 AN OPINION RENDERED BY LAPSE OF FORTY FIVE (45)
DAYS
Failure by the Board to render an advisory opinion within forty five (45) days
after the filing of a request therefore shall be deemed a finding of no breach of the
Code of Ethics. It shall be incumbent on the County Attorney to notify the person
requesting the opinion. [Time period amended from 30 to 45 days by 2010 Charter
Amendment]
RULE 6: COMPLAINTS
6.1 COMPLAINTS INSTITUTED BY A MEMBER OF THE PUBLIC
(a) Content. All complaints shall contain a concise statement of the facts
constituting the alleged violation of the Code of Ethics, the name and position of the
respondent, and shall be signed under oath by the complainant. The oath shall be
administered in accordance with the laws of the State of Hawai‘i.
(b) Deficiency. Upon receipt of a document which does not comply with
the requirements of sub-paragraph (a) of this rule, the Board may return the
document noting the deficiency.
(c) Deliberation. Upon receipt of a complaint, the Board shall investigate
and/or deliberate on its merits. The Board may request a meeting with the
complainant to gather more information. The Board may reject such complaint at
this time and so notify the complainant, or decide to investigate further by calling for
an informal or formal hearing.
(d) Open Session. The respondent may request that the hearing be held in
open session. Otherwise, the hearing shall be held in closed session.
6.2 COMPLAINTS INITIATED BY THE BOARD
Page
12
(a) Investigation. Upon receipt of information indicating a possible
violation of the Code of Ethics, the Board shall initiate an investigation, the nature
and scope of which shall be defined by resolution.
(b) Complaint. If after such investigation the Board resolves to initiate a
complaint, the same shall be reduced to writing and signed by one (1) or more
members of the Board.
RULE 7: INFORMAL HEARING
(a) Notice.
Upon the decision to hold an informal hearing, the Board shall
notify the respondent in writing of a proposed informal hearing and request his
attendance for the purpose of obtaining further information concerning his alleged
violation of the Code of Ethics. The notice of informal hearing shall state the date,
time, and place of the hearing and shall be given not less than six (6) days prior to the
hearing. Such hearing shall be in executive session and may be recessed to a later day
or to a different place without notice other than the announcement by the Board at
the hearing.
(b) Consolidation. The Board, upon its own initiative or upon motion,
may consolidate for hearing or for other purposes, proceedings which involve
substantially the same parties or issues if it finds the same to be expeditious and
nonprejudicial.
(c) Procedure for an Informal Hearing.
(1) The Presiding member of the Board shall convene the hearing
and read the complaint. The hearing, although informal, will be conducted in an
orderly manner. Board members shall have an opportunity to direct questions to the
respondent and he shall be afforded an opportunity to explain the alleged violation of
the Code of Ethics. The Board reserves the right to not take witness testimony.
(2) The respondent may attend the informal hearing with counsel
or authorized agent.
(d) Preliminary Opinion. Within a reasonable time after the informal
hearing, the Board shall render an opinion as to whether or not there is a probable
violation of the Code of Ethics by the respondent.
(1) If no probable violation is indicated by the opinion, the
complaint shall be dismissed by the Board, and the complainant so notified.
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13
(2) If a probable violation is indicated by the opinion, the Board
shall cause the respondent to be served with a copy of the complaint and preliminary
opinion. The respondent shall have twenty (20) days after service to answer the
complaint in writing. The answer shall specifically admit, deny, or explain the
allegations of the complaint and shall set forth any matter constituting a defense.
(e) Disposition. Upon failure to file an answer or upon admission of the
allegations of the complaint, the Board shall make its final decision and transmit its
decision and recommendation to the Council as to complaints involving County
officers and to the Civil Service Board, the Mayor and appropriate Department Head
as to County employees for appropriate disposition; in addition, copies of the Board’s
decision and recommendations may be referred to the pertinent officer or agency for
disciplinary action.
RULE 8: FORMAL AND CONTESTED HEARINGS
8.1 STATUTORY AUTHORITY, PETITION, SETTING, AND
NOTICE
(a) Statutory authority. A formal hearing shall be conducted upon motion
by the Board in accordance with Chapter 91 of the Hawai`i Revised Statutes. Persons
aggrieved by actions of the Board, may petition for a formal hearing before the Board.
(b) Petition. The petition shall be filed with the Chairman of the
Board and shall consist of:
1. Name, address and telephone number of the petitioner.
2. Nature of petitioner’s interest and the reasons for requesting a
formal hearing.
3. A complete statement of the relevant facts giving rise to the
petitioner’s request.
4. Position or contention of the petitioner.
(c) Setting, rejecting. Petitions for formal hearing may be approved or
modified and approved, and set for hearing or rejected at the regular meeting
following receipt of the petitions. Petitioners who have been rejected shall be
notified in writing of the Board’s action.
(d) Consolidation. The Board, upon its own initiative or upon motion,
may consolidate for hearing or for other purposes, proceedings which involve
substantially the same parties or issues if it finds the same to be expeditious and
nonprejudicial.
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14
(e) Written Notice. Should the Board decide to hold a formal hearing, the
Board shall give at least fifteen (15) days written notice prior to the hearing, unless
such notice is waived in writing by the respondent. The notice of hearing shall state:
(1) The date, time and place.
(2) The legal authority for the hearing.
(3) The particular sections of Article XX and/or the rules involved.
(4) The right to the party to counsel if so desired
(5) The right to request an open hearing.
(f) Oral Notice. Once commenced, the hearing may be recessed to a later
day or to a different place, without notice other than the announcement thereof at the
hearing.
8.2 REQUEST FOR AN OPEN HEARING
A respondent who wants an open hearing shall file a request for same at least
seven (7) days prior to the time set for the hearing. The Board, for good cause
shown, may waive the foregoing requirement, and may impose conditions deemed
advisable.
8.3 PRE-HEARING CONFERENCE
(a) Required Subject Matter:
(1) Each party shall disclose the theory of his case, including the
basic facts he intends to prove and the names and addresses of all witnesses he
intends to call.
(2) Each party shall disclose and permit examination of all exhibits
which are in his possession or under his control and which he intends to offer in
evidence at the hearing. Such exhibits shall then be marked for identification.
(3) Unless so disclosed, no witness required to be disclosed by
paragraph (a) shall be permitted to testify, nor any exhibits required to be disclosed
by paragraph (b) shall be received in evidence, at the hearing over objection unless
the Board finds that there was reasonable ground for the failure to disclose same prior
to the hearing.
(b) Other Subject Matter. In any action, the Board may direct the parties
or their agents or attorneys to appear before it for a conference to consider:
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15
(1) Simplification of the issues.
(2) Amendments to the pleadings.
(3) Avoidance of unnecessary proof by obtaining admissions of fact
and of existence and contents of documents.
(4) Limitation of the number of witnesses.
(5) Other matters as may aid in the disposition of the complaint.
(c) Order. At least seventy-two (72) hours prior to the hearing, the Board
shall issue an order which summarizes the action taken at the conference. Such order
shall control the subsequent course of the hearing, unless modified to prevent
manifest injustice.
8.4 HEARING PROCEDURE
(a) Rules and Procedures.
1. The Presiding Officer shall convene the hearing, shall read the
complaint, and the pre-hearing order, if any.
2. The Board shall determine the order in which the parties to the
proceeding shall present their case to the Board.
3. Opportunity shall be afforded all parties to present evidence and
arguments on all issues involved.
4. Every party to the proceeding shall have the right to conduct
cross-examination as may be required for a full and true disclosure of
the facts; and shall have the right to submit rebuttal evidence.
5. Documentary evidence may be received in the form of copies of
excerpts, if the original is not readily available; provided that upon
request, parties shall be given an opportunity to compare the copy with
the original.
6. The Board shall give effect to the rules of privilege recognized
by law.
7. The Board may take notice of judicially recognizable facts. In
addition, the Board may take notice of generally recognized technical or
scientific facts within its knowledge; but parties to the proceedings
shall be notified either before or during the hearing, or by reference in
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16
preliminary reports or otherwise, of the material so noticed, and they
shall be afforded an opportunity to contest the facts so noticed.
8. Any procedure in a contested case may be modified or waived
by stipulation of the parties and informal disposition may be made of
any contested case by stipulation, agreed settlement, consent order, or
default.
9. For the purpose of Board decisions, the records shall include:
1. All pleadings, motions, intermediate rulings;
2. Evidence received or considered, including oral testimony,
exhibits, and a statement of matters officially noticed;
3. Offers of proof and rulings thereon;
4. Proposed findings and rulings thereon;
5. Report of the officer who presided at the hearing;
6. Staff memoranda submitted to members of the Board in
connection with their consideration of the case.
7. No matters outside the record shall be considered by the
agency in making its decision except as provided herein.
8. A contested case hearing shall be held in closed session,
unless all parties to the proceeding choose to have the
hearing in open session. However, any privileged dialogue
between the Board and the County Attorney advising the
Board shall be held in closed session.
(b) Closing the Hearing. The Presiding Officer shall bring the hearing to a
close after final arguments have been completed. All requested memoranda shall be
submitted prior to the final decision of the Board.
(c) Petition to reconsider. Within ten (10) days after rendering its final
decision, the Board may entertain a written petition to reconsider its decision. The
petition shall be promptly granted or denied in writing.
8.5 DECISIONS
(a) Issuance. Every decision of the Board rendered after hearing shall be in
writing and shall be accompanied by findings of fact and conclusions of law. Within
forty-five (45) days after a decision has been rendered, the Board shall file a deleted
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17
decision which shall be a matter of public record. At the end of each calendar year,
the decisions issued during that period may be printed, along with an index. The
County Attorney shall provide copies upon request at a charge pursuant to law.
(b) Submission of Proposed Findings of Fact and Conclusions of Law. The
Board may direct the prevailing party to submit proposed findings of fact and
conclusions of law. The party required to prepare such shall do so within the time set
by the Board and shall obtain from the opposing counsel or party the approval
thereon as to form, and deliver the original and nine (9) copies to the Board; or, if not
so obtained, serve a copy upon each party who has appeared in the action and deliver
the original and nine (9) copies to the Board. The party served with the proposed
findings and conclusions may within five (5) days thereafter deliver to the Board a
copy of his objections, proposed findings, and conclusions. The Board shall
determine the actual findings of fact and conclusions of law.
(c) Dissenting Decisions. Any member of the Board who disagrees may
file a written dissenting decision.
8.6 RECORD OF THE HEARING
The record of the hearing shall be compiled pursuant to law. The complainant
and the respondent shall be entitled to a copy of the record of the hearing or any part
thereof upon application to the Board and upon payment of the costs therefore.
8.7 CHARGE
Upon a determination that a violation exists, the Board shall transmit its
findings to the Council as to complaints involving County officers and to the Civil
Service Board, the Mayor and appropriate Department Head as to County
employees.
RULE 9: PUBLIC INFORMATION
The Board shall comply with all requests from the public for copies of the
Board’s Rules, Minutes, and other documents subject to all relevant Sate and County
laws. Fees and costs shall be applied pursuant to the Hawai'i Administrative Rules
and the Kaua'i County Code. (The Board’s Rules are also available for viewing at the
Office of Boards and Commissions and at the Office of the County Clerk).
RULE 10: DECLARATORY ORDER
Notwithstanding the other provisions of these rules, the Board may, on its
own motion or upon request but without notice or hearing, issue a declaratory order
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18
to terminate a controversy or to remove uncertainty concerning the application of the
Code of Ethics. The order shall state the controversy or uncertainty shall cite the
provisions of the Code of Ethics, rule, order of the Board, law or other matter
involved.
RULE 11: ADOPTION, AMENDMENT, OR REPEAL OF THESE RULES
11.1 METHOD OF ADOPTING, AMENDING OR REPEAL OF RULES
The rules adopted, amended or repealed by the Board shall be made in
accordance with the following procedure, pursuant to Chapter 91 of the Hawai`i
Revised Statutes:
Prior to the adoption, amendment or repeal of any rule, a public hearing shall
be held by the Board. At least 30 days notice shall include a statement of the
substance of the proposed rule, and of the date, time and place where interested
persons may be heard thereon. The notice shall be mailed to all persons who have
made a timely written request of the Board for advance notice of its rule-making
proceedings, and shall be published at least once in a newspaper of general circulation
on Kaua'i.
All interested persons shall be afforded an opportunity to submit data, views,
or arguments, orally or in writing. The Board shall fully consider all written and oral
submissions respecting the proposed rule. The Board may make its decision at the
public hearing or announce then the date as to when it intends to make its decision.
Upon adoption, amendment or repeal of a rule, the Board shall, if requested to do so
by an interested person, issue a concise statement of the principal reasons for and
against its determination.
11.2 FILING
Certified copies of the rules adopted, amended or repealed by the Board shall
be filed forthwith with the County Clerk, and as may be otherwise required by law
for the filing of rules for boards and commissions.
11.3 EFFECTIVE DATE OF RULES
The adoption, amendment or repeal of any rule by the Board shall become
effective ten days after filing of the rules with the County Clerk; provided that if a
later effective date is required by statute or specified in the rule, such later date shall
be the effective date. However, no rule shall specify an effective date in excess of
thirty days after the filing of the rule as provided herein.
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19
11.4 PETITION
(a) Who May Petition. Any person may petition the Board for the
adoption, amendment, or repeal of these rules of the Board.
(b) Content of Petition. The petition shall contain:
(1) The name, address, and telephone number of the petitioner.
(2) The nature of the petitioner’s interest.
(3) The substance of the proposed rule or amendment and/or a
designation of the provisions sought to be repealed.
(4) The reasons in support of the proposed rule, amendment, or
repeal.
(5) Any other information relevant to the petition.
(c) Rejection of Petition. The Board may reject any petition which does
not conform to the requirements of this rule.
(d) Processing and Consideration of Petition. The petition shall be filed at
the office of the Board and dated upon receipt. The petitioner shall be notified of the
date, time and place of hearing by the Board on his petition, his privilege of personal
appearance with or without counsel, and his privilege of presenting evidence and
argument in support of his petition.
(e) Disposition of Petition. Within ninety (90) days after the hearing
thereon, the Board shall either deny the petition in writing, stating its reasons, or
agree with the petition or portions thereof, by initiating proceedings in accordance
with law for adoption, amendment, or repeal of these rules.
RULE 12: APPEARANCE BEFORE THE BOARD
The right to appear before the Board by any person, his counsel or his
authorized agent, having business with the Board may be denied if the Board
determines that the person, his counsel or his agent has acted in a manner which
prevents the orderly and peaceful conduct of business. The right to appear may be
reinstated upon the Board’s acceptance of a written statement that the individual will
abide by the Board’s rules and will not disrupt the orderly and peaceful conduct of its
proceedings.
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20
RULE 13. PARLIAMENTARY AUTHORITY
Meetings shall be conducted in accordance with the Hawai'i Revised
Statutes, the Sunshine Law and procedures established in these Rules. On
all matters of procedure not addressed in these Rules, the Commission
may refer to Robert’s Rules of Order, Newly Revised, for guidance in
developing procedures for the conduct of Board meetings. (2013)
Kauai County
Board of Ethics
*********
Part II
Interpretive Rules
Rule 1: General Provisions
1.1 Purpose
These rules are intended to provide clarity as to the interpretation of Article XX of the
Charter.
1.2 Compliance with Section 20.02D. Section 20.02D states: “No officer or employee of
the County shall appear in behalf of private interests before any County board,
commission or agency.” The following definitions shall apply to the interpretation
Charter section:
a) Officer – the term “officer” shall include the following: (1) Mayor and members of the
council; (2) Any person appointed as administrative head of any agency of the county or
as a member of any board or commission; (3)The first deputy appointed by the
administrative head of any department; and (4) Deputies of the county attorney. It
clarifies that while the definition includes members of County (and not State) boards and
commissions, it does not include members of County or State sanctioned Advisory
Committees/Boards which are not authorized under the Charter.
b) Employee – the term “employee” shall mean any person, except an officer, employed
by the county or any department thereof
c) Appear – the term “appear” shall mean the providing of oral or written testimony at a
publicly noticed meeting or hearing of a board, commission, council or agency. Written
or oral communication with agencies outside of a publicly noticed meeting or hearing
shall not constitute an appearance. This interpretation shall not prohibit:
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21
1. An individual’s right to testify at a meeting or hearing of a county board,
commission or agency regarding his or her personal opinions.
2. An individual’s right to appear in a matter that involves only ministerial action by
a department, such as applying for a driver’s license, building permit, water
meter, or filing a police report.
3. An individual’s right to represent himself personally or appear before any agency
to petition for redress of grievances caused by any official act or action affecting
such person’s or such person’s immediate family’s rights, privileges, or property,
including real property. For the purposes of this section, “immediate family”
means the person’s parents, siblings, spouse or children.
4. An officer’s or employee’s business or professional partner’s or associate’s right
to practice or appear before a County agency, provided, however, the officer or
employee shall not participate in any discussion, decision-making or vote on the
related matter.
d) In behalf of – the term “in behalf of” shall mean representation of a third party (not the
individual himself), however, a partnership, corporation, or limited liability company,
even if partially or wholly owned by the individual, shall be considered a third party.
e) Private interests – the term “private interests” shall mean all persons and entities other
than governmental bodies.
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
.
Board/Commission: BOARD OF ETHICS Meeting Date April 8, 2022
Location Boards & Commissions Conference Room, Pi’ikoi Building Start of Meeting: 1:05 p.m. End of Meeting: 1:37 p.m.
Present Chair Kelly Gentry, Vice Chair John Latkiewicz. Members: Susan Burriss, Rose Ramos-Benzel, Dean Toyofuku. Also: Deputy County
Attorney Aaron Larrimore. Boards & Commissions Office Staff: Administrator Ellen Ching, and Support Clerk Anela Segreti.
Excused Secretary Ryan de la Pena
Absent
SUBJECT DISCUSSION
ACTION Member Rose Ramos Benzel was sworn into office prior to the meeting.
A. Call To Order
B. Roll Call
Chair Gentry called the meeting to
order at 1:05 p.m.
Roll call:
Member Burriss: present
Member Ramos-Benzel: present
Member Toyofuku: present
Secretary de la Pena: excused
Vice Chair Latkiewicz: present
Chair Gentry: present
Five members present, which
constituted a quorum.
C. Approval of
Agenda
Chair Gentry entertained a motion to approve the agenda.
Vice Chair Latkiewicz moved to
accept the agenda as submitted.
Member Toyofuku seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
Board of Ethics Page 2
Open Session
April 8, 2022
SUBJECT DISCUSSION
ACTION
D. Approval of
Minutes
Open Session Minutes of March 18, 2022
Chair Gentry entertained a motion to accept the minutes as presented.
Vice Chair Latkiewicz moved to
accept the minutes as presented.
Member Toyofuku seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
E. Public
Testimony
None
F. Communication BOE 2022-08 Possible conflict of interest dated March 23, 2022, from Council Chair
Arryl Kaneshiro relating to Bill No. 2851, the Mayor's proposed Operating Budget for
Fiscal Year 2022-2023 - appropriations for Kaua`i Soil Conservation.
Member Burriss moved to receive
BOE 2022-08. Member Toyofuku
seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
BOE 2022-09 Possible conflict of interest dated March 23, 2022, from Council Vice
Chair Mason Chock relating to Bill No. 2851, the Mayor's proposed Operating Budget
for Fiscal Year 2022-2023 - appropriation for Leadership Development & Training.
Member Burriss moved to receive
BOE 2022-09. Member Ramos-
Benzel seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
BOE 2022-10 Possible conflict of interest dated March 23, 2022, from Councilmember
KipuKai Kuali'i relating to Bill No. 2851, the Mayor's proposed Operating Budget for
Fiscal Year 2022-2023 - appropriation for Sexual Assault/Domestic Violence
Community Program.
Member Burriss moved to receive
BOE 2022-10. Vice Chair
Latkiewicz seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
G. Request for
Advisory
Opinion
None
H. Business None
Board of Ethics Page 3
Open Session
April 8, 2022
SUBJECT DISCUSSION
ACTION
I. Disclosures Employees:
1. Mike Hubbard, Tax Manager
2. Luke Evslin, Councilmember
3. Wendy Takemoto, Procurement Specialist V
4. Leo Sandoval-Reyes, Director of Liquor Control
Department
5. Tyler Saito, Deputy Prosecuting Attorney
6. Jared Brickey, Deputy Prosecuting Attorney
7. Rebecca Like, Prosecuting Attorney
8. Matthew Arakawa, Deputy Prosecuting Attorney
9. Henry Ross, Deputy Prosecuting Attorney
10. Keola Siu, First Deputy Prosecuting Attorney
11. Jennifer Winn, Deputy Prosecuting Attorney
12. Robert Christensen, Deputy Prosecuting Attorney
13. Todd Dickerson, Deputy Prosecuting Attorney
14. Tracy Murakami, Deputy Prosecuting Attorney
15. Troy Tanigawa, Acting County Engineer
16. Taj Leone, Building Inspector
Volunteers:
17. Coty Trugillo, Charter Review Commissioner
18. Jerry Nishihira, Board of Review Member
19. Monica Belz, Police Commissioner
20. Rose Ramos-Benzel, Board of Ethics Member
Candidates:
21. Nelson Mukai, County Council
22. Clint Yago, County Council
Administrator Ching stated that there are 22 disclosures and that the Board can take up
11 at a time.
Chair Gentry entertained a motion to approve numbers 1-11.
Administrator Ching suggested that they may want to start to see if anyone had any
Board of Ethics Page 4
Open Session
April 8, 2022
SUBJECT DISCUSSION
ACTION
issues with 1-11.
Member Burriss stated that she had a couple of issues. For 10 & 11 both disclosed
income from stocks and dividends but did not specify source which could be a conflict.
Administrator Ching suggested that they may want to start to see if anyone had any
issues with 12-22, except 20 (Rose Ramos-Benzel).
Member Burriss stated that number 18 she has the same questions regarding interest and
dividends.
Member Burriss questioned landlord under income for #21. She is assuming he is the
landlord but questioned it. She would like it clarified that he is landlord and receiving
rental income. After discussion the Board determined that he is receiving income as the
landlord, and no further clarification needed. She went on to number 22 and stated that
Mr. Yago did not put NA in several blanks and request that he do so.
Member Toyofuku agreed that he did not answer questions for other sections as well
Chair Gentry entertained a motion to accept numbers 12-17 and 19.
Chair Gentry entertained a motion for numbers 18 and 22.
Member Ramos-Benzel recused herself from her disclosure #20.
Member Burriss asked Member Ramos-Benzel regarding her independent contractor
income and what she does and for whom.
Member Ramos-Benzel stated that she recently was hired as an independent contractor
to do work for the Kauai Chamber of Commerce.
Member Burriss asked if Member Ramos-Benzel could amend her disclosure at the
meeting.
Member Burriss moved to accept #1-
9. Member Toyofuku seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
Vice Chair Latkiewicz moved to send
a letter to #10 and 11 for clarification
on source of stocks, dividends, and
interests disclosed under income.
Member Toyofuku seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
Vice Chair Latkiewicz moved to
accept disclosures #12 - #17, #19,
#21. Member Toyofuku seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
Member Toyofuku moved to send a
letter to #18 and #22 for
clarifications. Member Ramos Benzel
seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
Board of Ethics Page 5
Open Session
April 8, 2022
SUBJECT DISCUSSION
ACTION
Deputy County Attorney stated that it could be amended, and the Board could accept the
disclosure as amended. He did point out that it would normally not be done this way,
but it can be.
Member Ramos-Benzel amended her employment and creditor sections as she forgot to
include her mortgage.
Member Burriss moved to approve
disclosures #20 as amended. Member
Toyofuku seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
J. Executive
Session
ES-005 Pursuant to Hawai’i Revised Statutes §92-4, §92-5(a)(4), §92-9(a)(1-4) and (b),
the purpose of this Executive Session is for the Board to approve or amend the Executive
Session Minutes of March 18, 2022, and to consult with its attorney on issues pertaining
to the Board’s powers, duties, privileges, immunities, and /or liabilities as they may
relate to this item.
ES-002 BOE 2022-01 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) and (2)
and (4), the purpose of this Executive Session is for discussion and possible action on a
notarized formal complaint received February 8, 2021, charging that an employee or
officer of the County has breached the Code of Ethics as set forth in the Kaua’i County
Charter section 20.02 B, 20.02 E and 20.02 F.
No officer or employee of the county shall:
B. Disclose information which, by law or practice, is not available to the public and
which the officer or employee acquires in the course of the officer or employee’s official
duties or use such information for the officer or employee’s personal gain or for the
benefit of anyone.
E. Use the officer or employee’s official position to secure a special benefit, privilege, or
exemption for the officer or employee or others.
F. Use county property for other than public activity or purpose.
Vice Chair Latkiewicz moved
to go into executive session at
1:20 pm. Member Ramos-
Benzel seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
K. Return to
Open Session
The Board resumed in Open
Session at 1:34 p.m.
Board of Ethics Page 6
Open Session
April 8, 2022
SUBJECT DISCUSSION
ACTION
Ratify on Board actions taken in Executive Session. Member Burriss moved to
ratify the actions taken by the
Board in Executive Session.
Member Toyofuku seconded.
Voice Vote: 5 ayes, 0 nays.
Motion carried 5:0
L. Announcements Next Meeting: Friday, May 20, 2022, at 1:00pm
Administrator Ching stated that the Office is looking toward offering meetings both
virtually as well as in-person, next month.
Staff discussed that there may need to be a change in the publication for the public
hearing and decided that the May 20 meeting will be in-person due to public hearing.
Board members agreed.
Vice Chair Latkiewicz stated that he will not be able to attend May 20 meeting.
M. Adjournment Chair Gentry adjourned the meeting
at 1:37 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Kelly Gentry, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
AN EQUAL OPPORTUNITY EMPLOYER
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro, Chair
Mason K. Chock, Vice Chair Jade K. Fountain-Tanigawa, County Clerk
Bernard P. Carvalho, Jr. Scott K. Sato, Deputy County Clerk
Felicia Cowden
Bill DeCosta
Luke A. Evslin Telephone: (808) 241-4188
KipuKai Kuali‘i Facsimile: (808) 241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street, Suite 209
Līhu‘e, Kaua‘i, Hawai‘i 96766
MEMORANDUM
April 21, 2022
TO: Arryl Kaneshiro, Council Chair
and Members of the Kaua‘i County Council
FROM: Luke A. Evslin, Councilmember
RE: POSSIBLE CONFLICT OF INTEREST AND RECUSAL ON
ES-1073, RELATING TO AN EXECUTIVE SESSION BRIEFING
AND REQUEST FOR SETTLEMENT AUTHORITY
Pursuant to Section 20.04(B) of the Kaua‘i County Charter, Section 3-1.9 of the
Kaua‘i County Code 1987, as amended, and Rule No. 8 of the Rules of the Council of
the County of Kaua‘i, I hereby provide written disclosure on the
record of a possible conflict of interest and recusal on ES-1073, relating to an
Executive Session briefing and request for settlement authority in the matter
of Dylan DePue, et al. vs. County of Kaua‘i, et al., Civil No. 5CCV-21-0000122 (Fifth
Circuit Court), on the April 20, 2022 Council Meeting Agenda, because of a personal
matter with Mr. DePue.
Should you have any questions, please feel free to contact me. Thank you for
your attention to this matter.
AMK:dmc
cc: May 4, 2022 Council Meeting Agenda
County of Kaua‘i Board of Ethics
Council Services Staff
BOE 2022-12
LORI KOGA, CHAIR JAN TENBRUGGENCATE, VICE CHAIR
CHARTER REVIEW COMMISSION
BRONSON BAUTISTA, COMMISSIONER REID KAWANE, COMMISSIONER MARISSA SANDBLOM, COMMISSIONER
COTY TRUGILLO, COMMISSIONER
MEMORANDUM
May 12, 2022
TO: Lori Koga, Charter Review Commission Chair
and Commissioners of the Charter Review Commission
FROM: Jan TenBruggencate, Charter Review Commission Vice Chair
RE: POSSIBLE CONFLICT OF INTEREST AND RECUSAL ON CRC 2022-05, RELATING TO
A PROPOSED CHARTER AMENDMENT TO REMOVE ARTICLE XXX RELATING TO
THE ELECTRIC POWER AUTHORITY.
Pursuant to Section 20.04(B) of the Kaua`i County Charter, and Section 3-1.9 of the
Kaua`i County Code 1987, as amended. I hereby provide written disclosure on the record of a
possible conflict of interest concerning CRC 2022-05, regarding a proposed charter amendment
to remove Article XXX relating to the Electric Power Authority, on the May 23, 2022 Charter
Review Commission Meeting Agenda, as I am a member and the Vice Chair of the Kauai
Independent Utilities Co-op Board of Directors.
In light of the above, I will recuse myself from the aforementioned item and any
decision-making, related to this item and at any meeting related to this item.
Should you have any questions, please feel free to contact me. Thank you for your
attention to this matter.
AS:jt
cc: May 23, 2022 Charter Review Meeting Agenda
County of Kaua`i Board of Ethics
BOE 2022-13
4444 Rice Street, Suite A473 • Līhu‘e, Hawai‘i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer
PLANNING COMMISSION
HELEN COX, CHAIR FRANCIS DEGRACIA, VICE CHAIR DONNA APISA, MEMBER GERALD AKO, MEMBER MELVIN CHIBA, MEMBER LORI OTSUKA, MEMBER
KAAINA S. HULL, CLERK OF COMMISION
TO: Members of the Kaua'i County Planning Commission
FROM: Francis DeGracia, Vice-Chair
DATE: May 13, 2022
RE: POSSIBLE CONFLICT OF INTEREST RELATING TO APPLICATION FOR
CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) AND
SPECIAL PERMIT (SP-2022-1)
Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1 of the Kaua'i County
Board of Ethics Rules and Regulations, and Rule No. 1-2-15 of the Kaua'i Planning Commission,
I hereby provide written disclosure on the record of a possible conflict of interest relating to the
above matter. It is my understanding that Pacific Resource Partnership (“PRP”) submitted a
motion to intervene. My employer appoints trustees to PRP.
In light of the above, I will recuse myself from any consideration of the aforementioned items,
and Decision-Making, related to these items, and any subsequent meeting thereafter related to
these items.
Should you have any questions, please feel free to contact me. Thank you for your attention to
this matter.
Francis DeGracia
Vice Chair, Planning Commission
cc: Clerk, Planning Commission
Board of Ethics, County of Kaua‘i
Office of the County Attorney
RAO 2022-01